Cresenciana Tubo Rodriguez (Now Deceased) v. Evangeline Rodriguez

Summary

This case involves a family dispute over possession of apartments stemming from competing claims based on a will versus a deed of sale. Juanito Rodriguez initially bequeathed specific apartments to his live-in partner and children through a 1983 will, but later sold the entire property to his partner in 1984. When the partner sought to eject the children who were leasing the units to third parties, the children claimed the sale was simulated and relied on the will and a subsequent partition agreement. The Supreme Court ruled that unprobated wills have no legal effect under Article 838 of the Civil Code, making the partition agreement invalid. The Court emphasized that certificates of title cannot be collaterally attacked in ejectment proceedings and that as registered owner, the petitioner has superior right to possession. This decision reinforces the indefeasibility of Torrens titles and the requirement of will probate, while clarifying that ownership determinations in ejectment cases are provisional only for resolving possession rights.